Since the termination of the trust contract can not be strictly restricted and arbitrarily terminated, there is no right to terminate the trust contract of the enforcement company.

If trust property can be recovered by cancelling the trust contract at will of the implementer, it is difficult to perform the project, and if the interests of the contractor and the buyer are likely to be infringed, and the termination of the trust contract is strictly restricted, the reasons prescribed in order to terminate the trust contract shall be satisfied, and the termination of the trust contract shall not be arbitrarily terminated. Therefore, there is no right to terminate the trust contract of the executor.

2011 Gohap8527 Revocation of Fraudulent Act

Korea

AAA Trust Co., Ltd.

December 14, 2011

January 13, 2012

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

The defendant will implement the registration procedure for transfer of ownership on the ground of termination of trust with respect to each real estate listed in the separate sheet 2 (hereinafter referred to as "each real estate of this case") to BB Construction Co., Ltd. (hereinafter referred to as "B Construction").

1. Basic facts

A. BB construction is to implement the business of newly building and selling apartment units on the land located in the Goyang-dong, Goyang-si, the company company and Goyang-dong, entered into a contract for the construction of new apartment units on August 8, 2003. After that, the construction site was divided into the above construction site and the apartment complex was divided into the construction site stipulated in the contract, the construction contract was entered into on August 5, 2004 with each of the real estate listed in the attached Table 1, which is the divided construction site (hereinafter “instant trust real estate”).

B. On May 30, 2008, BB construction entered into a business agreement with the truster and project operator of the instant trust real estate,CC industry corporation, and the trustee and seller of the instant trust real estate. On June 2, 2008, BB and the Defendant entered into a sale-type land trust agreement (hereinafter “instant trust agreement”) with the Defendant with the truster and seller of the instant trust real estate in order to carry out the new construction of the third CDD apartment on the instant trust real estate surface. The beneficiary of the instant trust agreement was designated as BB construction.

C. After that, two units of apartment units with the 18th floor size were newly built on the instant trusted real estate. As to the newly-built apartment units, the registration of preservation of ownership in the Defendant’s name was completed on December 6, 2010, under the 164424 received on December 6, 2010, and each unit of the instant movable (29 households) was sold until the time of the closing of the argument in the instant case.

[Ground of recognition] Facts without dispute, Gap evidence 3 to 6, Eul evidence 1 to 5, the purport of the whole pleadings

2. The assertion and judgment

A. Summary of the plaintiff's assertion

Under the instant trust agreement, the Defendant is a person who is not liable for profit, expenses, or profits with respect to the instant trusted, whereas the instant trust agreement is a beneficiary of the trust principal and at the same time a beneficiary of the trust proceeds. Accordingly, the instant trust agreement can be terminated at any time with respect to BB construction as a self-profit trust. The Plaintiff has a national tax claim of KRW 4,249,70,740, and the BB construction requires the preservation of claims in the insolvent state at the time of the instant lawsuit. Accordingly, as the Plaintiff terminated the instant trust agreement in subrogation of BB construction as a creditor of BB construction, the Defendant is obligated to implement the registration procedure for ownership transfer of each of the instant real estate.

B. Whether BB Construction holds the right to terminate the trust contract of this case

On the other hand, Article 56 of the Trust Act provides that "a trust whose truster or his heir can terminate at any time" the truster or his heir may terminate the trust contract of this case, but Article 58 of the same Act provides that "if there is a special provision on the trust act with respect to the termination of the trust, it shall be determined in accordance with the preceding two Articles, notwithstanding the preceding two Articles, the parties to the trust contract may determine the termination of the trust contract of this case differently from Article 56 of the Trust Act. Article 23 (1) of the Trust Contract of this case can not terminate the trust contract of this case in principle." Article 23 (2) and (3) of the Trust Contract of this case provides that "The trust contract of this case shall not be terminated in addition to the case where the parties agree otherwise or where it is impossible to perform the trust business pursuant to the Trust Contract of this case, the purpose of the trust contract of this case is to build the apartment on the real estate of this case and to terminate the trust contract of this case without any possibility of infringing the trust contract of this case as the trust contract of this case.

C. Sub-committee

Therefore, since BB Construction does not have the right to terminate the trust contract of this case, the plaintiff's assertion that is the subrogation claim is without reason as to the remaining points without pulse.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.